Home > Services > Council and Democracy > Council, Cabinet and Committees > Minutes > 2009-10 > March 2010

Present at the meeting:

• Councillor P Prescott (Chairman)
• Councillor J Hilton (Vice Chairman)
• Councillor Mrs J Beswick
• Councillor B Bowen
• Councillor R Clayton
• Councillor J Ellis
• Councillor G A Fairhurst
• Councillor Mrs S J Greensmith
• Councillor Ms P L Holland
• Councillor Mrs Y Klieve
• Councillor P A Liptrot
• Councillor Mrs J Prescott
• Councillor J Talbot

Officers in attendance

• Neil Higson – Development Control Manager
• Penny McGinty – Head of Development Implementation
• Stephen Normington – Service Director – Development
• Rob Owen – Team Leader Highways DC and Parking
• Dave Rawsthorne – Principal Planning Officer
• Simon Ward - Solicitor
• Michael Williamson – Committee Services Officer
• 36 Apologies for absence: Councillor W Carney.

37 Minutes: The minutes of the meeting of this Committee held on 9 February 2010 were approved as a correct record.

38 Ongoing Government review of the planning process following the Killian Pretty Review: The Head of Development Implementation, Penny McGinty, advised the Forum of the recommendations that had been made in the Killian Pretty review of the planning process and the resulting actions taken and proposed by Government.

The Killian Pretty Review was a national review of the planning process which was undertaken to identify opportunities for improving the planning application process for all involved. The review identified 5 points of concern:-

• proportionality;
• process;
• engagement;
• culture; and
• complexity

The Government's response to the Killian Pretty Review Final Report was published on 5 March 2009. A first progress report was published on 30 July 2009 and a second progress report on 21 December 2009. Of particular interest was a consultation on a potential National Policy Statement to set out what was meant by Development Management which was issued on 21 December 2009 with a closing date of 19 March 2010. Development Management was a more positive and proactive approach to shaping, considering, determining and delivering development proposals. It would be led by the Local Planning Authority (LPA), working closely with those proposing developments and other stakeholders.

Resolved: The Committee notes the report.

39 Planning appeals: The Head of Development Implementation, presented a report, which set out the following appeals that had been lodged since 18 August 2009. The number of appeals received for the year 2009/10 was 37.

Notifications had been received from the Department of Communities and Local Government that the under-mentioned appeals had been determined as follows:

Planning Appeals lodged 

Application No and Date Appeal Lodged	Development, Location, Ward and Appellant	Officer’s Recommendation	Committee or Delegated Decision and Method of Dealing with Appeal
A/08/71890 7/22/2009	To erect 1no. detached dwellinghouse together with re-siting of detached double garage (part amendment to A/07/68220) Land Rear Of 8 Common Nook Ince Wigan WN2 2TA (Ince) Premier House Builders Ltd.	Refuse	Delegated Written Representation
A/09/72390 9/16/2009	Erection of Industrial Building in connection with wood recycling plant (Part retrospective application). Land South Of Boden Davies Ltd Lower Green Lane Astley (Astley Mosley Common) Boden And Davies Ltd	Refuse	Committee Informal Hearing
A/09/72534 9/16/2009	To retain garden curtilage extension (Retrospective Application) 74 Walford Road Ashton-In-Makerfield Wigan WN4 8PH (Ashton) Mr Stephen Wallace	Refuse	Delegated Written Representation
A/09/72615 8/11/2009	Certificate of Lawfulness for the continued use of land for the storage and repair of vehicles and storage of building materials. (Re-submission of A/08/72251) Land To Rear Of 247-255 Tyldesley Road Atherton Manchester M46 9AD (Atherton) Mr C Ince	Refuse	Delegated Public Inquiry
A/09/72690 11/11/2009	Application to retain existing 0.94m high wall to front of existing dwellinghouse (Retrospective Application) 16 Corfe Close Aspull Wigan WN2 1UW (Aspull New Springs Whelley) Mr D Rowe	Refuse	Delegated Written Representation
A/09/72808 1/12/2010	Change of use of vacant land adjacent to form extended garden curtilage. Land Adjacent 14 Moxon Way Ashton-In-Makerfield Wigan WN4 8SW (Ashton) Mr Stephen Arkwright	Refuse	Delegated Written Representation
A/09/72828 10/13/2009	(Retrospective Application)To retain 2m high boundary fence 22 Parklands Drive Aspull Wigan WN2 1ZA (Aspull New Springs Whelley) Mr Darren Liptrot	Refuse	Delegated Written Representation
A/09/72894 9/4/2009	Increase ridge height of detached garage to rear by 2m to form storage space in new roof void. 3 Eastwell Road Ashton-In-Makerfield Wigan WN4 9QQ (Bryn) Mr Andrew Johnson	Refuse	Delegated Written Representation
A/09/72896 10/1/2009	Retrospective application to vary Condition No. 9 of planning approval A/04/61512, in order to allow use of site as livery stables. Bridge House Farm East Lancashire Road Glazebury Warrington WA3 5QL (Astley Mosley Common) Mr P Balfour	Refuse	Delegated Written Representation
A/09/73049 12/8/2009	To retain 2.14m high fencing and gates (Retrospective Application) 1 Oakhead Leigh WN7 3EE (Leigh South) Mr S Marsh	Refuse	Delegated Written Representation
A/09/73065 10/16/2009	Retrospective application to retain boundary wall and railings to the front. 4 Leaview Wigan WN1 3UJ (Aspull New Springs Whelley) Mr P Cooper	Refuse	Delegated Written Representation
A/09/73073 11/23/2009	To extend dwellinghouse - two storey to side, single storey at front and rear. 264 Leigh Road Atherton Manchester M46 0PN (Atherleigh) Mr N Green	Refuse	Delegated Written Representation
A/09/73134 11/11/2009	Retrospective application to retain 0.9m high boundary fencing. 1 Leaview Wigan WN1 3UJ (Aspull New Springs Whelley) Mr David Potter	Refuse	Delegated Written Representation
A/09/73147 1/14/2010	To extend existing dwellinghouse; two storey to side and single storey to front and rear. 2 Shoemaker Gardens Aspull Wigan WN2 1ZG (Aspull New Springs Whelley) Mr C Gambles	Refuse	Committee Written Representation
A/09/73214 11/3/2009	To erect 1no. 3 bedroomed dwellinghouse after demolition of existing derelict building(s), together with erection of 2.1m high boundary wall. Land Rear Of 60 George Street Hindley Wigan WN2 3PS (Hindley) Mr James Scoular	Refuse	Delegated Written Representation
A/09/73317 11/16/2009	To extend dwellinghouse, single storey to side and rear 7 Coldalhurst Lane Tyldesley Manchester M29 7BS (Astley Mosley Common) Mr John Farrimond	Refuse	Delegated Written Representation
A/09/73334 12/29/2009	To extend existing dwellinghouse; increase in roof ridge height and dormer to side to create second floor in roofspace. 122 Wotton Drive Ashton-In-Makerfield Wigan WN4 8XZ (Ashton) Mr George Smith	Refuse	Delegated Written Representation
A/09/73348 1/27/2010	To remove condition no. 5 on application reference A/99/50163 to allow the first floor windows in the southern elevation to be non-obscurely glazed. 2 Park Grange Park Road Hindley Wigan WN2 3RT (Hindley) Mr Leslie Price	Refuse	Delegated Written Representation
A/09/73409 11/24/2009	To extend dwellinghouse - first floor to rear. 12 Upton Road Atherton Manchester M46 9RJ (Atherton) Mr A Caldwell	Refuse	Committee Written Representation
A/09/73427 12/7/2009	To retain the use of land as extended residential curtilage together with retention of associated fencing. 1B Booths Brow Road Ashton-In-Makerfield Wigan WN4 0NG (Bryn) Mr Keith Fox	Refuse	Delegated Written Representation
A/09/73569 1/14/2010	Change of use of existing industrial building to children's play centre Unit D Enterprise Court Wigan Enterprise Park Seaman Way Ince Wigan WN2 2LE (Ince) St Modwen Ventures Ltd.	Refuse	Delegated Written Representation
A/09/73569 1/14/2010	Change of use of existing industrial building to children's play centre Unit D Enterprise Court Wigan Enterprise Park Seaman Way Ince Wigan WN2 2LE (Ince) St Modwen Ventures Ltd.	Refuse	Delegated Written Representation
ADV/09/05495 8/12/2009	To retain 2no. non-illuminated fascia signs (Retrospective Application). Unit 10 Eckersley Mill Swan Meadow Road Wigan (Douglas) Mr Z Khan	Refuse	Delegated Written Representation
ADV/09/05509 10/22/2009	To retain 1no. internally illuminated fascia sign and 1no. non-illuminated fascia sign (Retrospective Application). 59 - 61 High Street Golborne Warrington WA3 3BJ (Golborne And Lowton West) Mrs Joanne Hui	Refuse	Delegated Written Representation
H/08/00013 10/09/2009	High Hedge Complaint. 16 Alexandra Road Ashton-In-Makerfield WN4 8LG (Ashton) Mr M O'Grady		Delegated Written Representation
H/08/00013 10/09/2009	High Hedge Complaint. 16 Alexandra Road Ashton-In-Makerfield WN4 8LG (Ashton) Mr M O'Grady		Delegated Written Representation

Enforcement Appeals Lodged

Application No and Date Appeal Lodged	Development, Location, Ward and Appellant	Method of Dealing with Appeal
08/00348/DEVC 10/09/2009	Appeal against Enforcement Notice Boden and Davies Ltd Minshulls Farm Lower Green Lane Tyldesley Manchester M29 7JZ (Astley Mosley Common) Boden And Davies Limited Wayne Boden Charles Boden George Boden	Written Representation
09/00484/DEVC 16/09/2009	Appeal against Enforcement Notice Boden and Davies Ltd Minshulls Farm Lower Green Lane Tyldesley Manchester M29 7JZ (Astley Mosley Common) Viridor Waste Exeter Limited	Written Representation
08/00489/USEC 30/09/2009	Appeal against Enforcement Notice. Land To Rear Of 322 - 342 Manchester Road Tyldesley Manchester (Tyldesley) Wm Speak	Public Inquiry
08/00489/USEC 30/09/2009	Appeal against Enforcement Notice. Land To Rear Of 322 - 342 Manchester Road Tyldesley Manchester (Tyldesley) Wm Speak	Public Inquiry
09/00265/DEVR 16/11/2009	Appeal against Enforcement Notice. 16 Corfe Close Aspull Wigan WN2 1UW (Aspull New Springs Whelley) David Andrew Rowe	Written Representation
09/00621/USEC 26/11/2009	Appeal against Enforcement Notice Boden And Davies Ltd Minshulls Farm Lower Green Lane Astley Tyldesley Manchester M29 7JZ (Astley Mosley Common) Viridor Waste Exeter Limited	Written Representation
08/00489/USEC 30/09/2009	Appeal against Enforcement Notice. Land To Rear Of 322 - 342 Manchester Road Tyldesley Manchester (Tyldesley) Wm Speak	Public Inquiry
09/00265/DEVR 16/11/2009	Appeal against Enforcement Notice. 16 Corfe Close Aspull Wigan WN2 1UW (Aspull New Springs Whelley) David Andrew Rowe	Written Representation
09/00621/USEC 26/11/2009	Appeal against Enforcement Notice Boden And Davies Ltd Minshulls Farm Lower Green Lane Astley Tyldesley Manchester M29 7JZ (Astley Mosley Common) Viridor Waste Exeter Limited	Written Representation
09/00673/USEC 17/12/2009	Appeal against Enforcement Notice Boden And Davies Ltd Minshulls Farm Lower Green Lane Astley Tyldesley Manchester M29 7JZ (Astley Mosley Common) Boden And Davies Limited

Enforcement Appeals Withdrawn

Application No	Development, Location, Ward and Appellant
08/00489/USEC	Appeal against Enforcement Notice Land To Rear Of 322 - 342 Manchester Road Tyldesley Manchester (Tyldesley) Wm Speak

40 Planning proposals: The Committee considered planning and related applications, which had been submitted to the Council. Reports and associated documentation and representations had been circulated with the agenda.

Resolved: (1) The decisions of the Committee on the planning and related applications are as set out in the schedule attached.

(2) In respect of application A A/08/71514 to erect 13 dwellinghouses with associated access and landscaping (Re-submission of A/07/70186), the Committee delegates power to the Service Director – Development to grant conditional planning permission, following either (i) the applicant entering into an agreement to regulate the development under Section 106 of the Town and Country Planning Act 1990 (as amended) to provide for a financial contribution from the applicant in lieu of on site provision for public open space and play equipment; or (ii) receipt by the Council of the financial contribution referred to in (i).

APPLICATIONS APPROVED, REJECTED OR DEFERRED BY COMMITTEE

Planning applications:

A/08/71514 To erect 13 dwellinghouses with associated access and landscaping. (Re-submission of A/07/70186)

Location: Land to rear of 281-287 Bradley Lane and rear of 63-69 Bentham Place, Standish (Standish with Langtree Ward)

Applicant: Wainhomes Developments Limited

25 letters of objection received from local residents

Decision: Approved

Conditions:

1. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the details shown on plan reference;

• SF/3 received 19.06.2008
• AD(10)01 received 19.06.2008
• 4.126/P/B/L received 19.06.2008
• 4.209/P/B/L received 19.06.2008
• BL1 received 06.08.2008
• AL001 revision C received 08.03.2010
• SEC-01 revision B received 08.03.2010

or any other plan agreed in writing as a working amendment by the Local Planning Authority.

2. No development hereby approved shall commence until a scheme has been submitted to and approved in writing by the Local Planning Authority which shall ensure provision is made on the site for:- the parking of construction workers vehicles; storage of building materials, equipment and plant, the placement of site cabins, site offices and storage containers: and facilities to prevent the transfer of mud or other debris onto the highway. The scheme shall include a management plan setting out how the movement of plant, deliveries of materials and the arrival and departure of general construction traffic shall be controlled. The development shall thereafter be carried out only in accordance with the details of the approved scheme.

3. Before the development hereby approved is commenced, details of the method of surface water and foul water drainage from the site shall be submitted to and approved in writing by the Local Planning Authority and shall be installed in accordance with the approved details as an integral part of the development. The maximum rate of discharge shall be 1 in 1 year greenfield run off with storage provided for a 1 in 100 year design storm plus 20% unless other wise agreed in writing by the local planning authority. No occupation or use of any building hereby approved shall commence until it has been connected to the approved drainage system.

4. Notwithstanding the details submitted with the application and before the development hereby approved is commenced the following information shall be submitted to and approved in writing by the Local Planning Authority:

(i) a full site survey showing:

• the datum used to calibrate the site levels
• levels along all site boundaries
• levels across the site at regular intervals
• floor levels of adjoining buildings

(ii) full details of the proposed finished floor levels of all buildings, hard surfaces and garden levels.

The development shall be carried out only in accordance with the approved details.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or re-enacting that Order with or without modification), no development within Class A, B, E, F of Schedule 2 Part 1 shall be carried out unless permission is granted by the Local Planning Authority.

6. Prior to the commencement of any development, details of the arrangements for the provision of 2no off-street car parking spaces for each property shall be submitted to and approved in writing by the Local Planning Authority. Any hard surface shall be made of porous materials, or provision shall be made to direct run-off water from the hard surface to a permeable or porous area or surface within the curtilage of the dwellinghouse. The duly approved scheme shall be implemented in full prior to first occupation of the approved extension, and shall be retained thereafter.

7. Before the development hereby approved is commenced, a scheme for protecting the proposed development from noise from Bradley Lane Industrial Estate shall be submitted to and approved in writing by the Local Planning Authority. Any works which form part of the scheme shall be completed to each property before it is occupied (unless otherwise agreed by the Local Planning Authority).

8. Before any part of the development hereby approved is commenced, particulars/samples of the materials to be used for the external walls and roof shall be submitted to and approved in writing by the Local Planning Authority. The development shall be constructed only in accordance with the approved materials.

9. The site shall be treated in accordance with a landscape scheme to be submitted to and approved in writing by the Local Planning Authority before any part of the development is commenced and all works in accordance with the scheme shall be completed within a period of 6 months from the date on which development in accordance with the permission hereby granted is first commenced, or such longer period as may be agreed by the Local Planning Authority, having regard to planting seasons, such landscape scheme to include the planting of live trees and the treatment of forecourts, paving and boundary fences. All planting shall be maintained for a period of 5 years from the agreed date of planting.

10. Before the development hereby approved is commenced details of the proposed screen walls or fences shall be submitted to and approved in writing by the Local Planning Authority and shall be erected as an integral part of the development in accordance with the approved details and completed to each dwelling before that dwelling is first occupied.

11. No development shall commence until a scheme has been submitted to and approved in writing by the Local Planning Authority which shall set out in detail how the water main running parallel to the rear of units 8 -13 shall be protected or incorporated into the development following the regarding of the land as indicated on section drawing number 07-147 SEC-01 Rev B received 08/03/2010. The development shall thereafter be carried out only in accordance with the details of the approved scheme.

Reasons:

1. For the avoidance of doubt, and having regard to Policy EV3A of the replacement Wigan UDP.

2. To ensure that construction workers vehicles are not parked on the highway and materials and associated facilities are not detrimental to the amenity of the area and to ensure the cleanliness and safety of the highway, having regard to Policy A1S of the replacement Wigan UDP.

3. To ensure that the site is satisfactorily drained, in accordance with Policy EV3A and G1C of the replacement Wigan UDP.

4. To ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.

5. The excluded types of development would not be appropriate on these properties because of the restriction as a result of the water main that crosses the site and its 5 metre easement on each side, having regard to Policies EV3A and G1C of the replacement Wigan UDP.

6. To allow for vehicles to be parked clear of the highway and to reduce surface water run-off, in accordance with Policies A1S, R1D and G1C of the Replacement Wigan UDP.

7. The insulation of plant and machinery which generate high levels of noise will reduce the impact of the proposal on existing development in the vicinity, in accordance with Policies EV1B and G1A of the replacement Wigan UDP.

8. To ensure that the external appearance of the buildings is satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.

9. To help to assimilate the proposed development into its surroundings, having regard to Policy EV3D of the replacement Wigan UDP.

10. To ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.

11. In order to ensure that the provision of water to the locality and beyond through this main is not adversely affected and that the pipeline is appropriately incorporated into the development having regard to Policies G1A and G1C Of the Wigan Replacement Unitary Development Plan.

(Councillors R Clayton, J Ellis and G A Fairhurst requested that their votes against this decision be recorded.)

(Councillor Mrs J Prescott requested that her vote in support of this decision be recorded.)

(Councillor P A Liptrot requested that his abstention from voting be recorded.)

A/09/72812 Mixed Use regeneration scheme comprising residential (C3), employment (B1) and small scale retail (A1), new public open space and associated infrastructure (all matters reserved except access)

Location: Bridgewater Business Park, West Bridgewater Street, Leigh (Leigh South Ward)

Applicant: Alard Properties

Decision: Deferred for site visit

A/09/73025 Partial change of use of existing public house to betting office.

Location: The Avenue Public House, Norley Hall Avenue, Wigan (Pemberton Ward)

Applicant: Weston Castle Ltd

Decision: Deferred for site visit

(The Chairman (Councillor P Prescott) declared that he had fettered his discretion in dealing with this application by stating his opposition to the development prior to its consideration by the Committee. He left his seat with the Committee and sat in the public area during consideration of this application. The Vice Chairman (Councillor J Hilton) occupied the Chair during consideration of this application.)

(Councillor Mrs J Prescott declared that she had fettered her discretion in dealing with this application by stating her opposition to the development prior to its consideration by the Committee. She left her seat with the Committee and sat in the public area during consideration of this application.)

A/09/73550 To extend existing care home: part single storey part first floor to rear together with formation of 8 no parking spaces and 2 no cycle spaces (Re-submission of A/09/73172)

Location: Norfolk House, 34 Norfolk Street, Wigan (Wigan West Ward)

Applicant: Mrs P Jingree

Decision: Deferred for site visit

A/10/73800 Part alternative to previous approved scheme A/07/69862 to allow 7 one bedroom apartments, 4 two bedroom apartments, staff sleeping area and alterations to parking provision, together with erection of 1.2m high railings and gates to front.

Location: 22 Hope Street, Ince (Abram Ward)

Applicant: Adactus Group

51 letters of objection received from local residents. Councillor R Brierley had expressed concern about the impact of the proposal.

Decision: Approved

Conditions:

1. With the exception of the detailed matters referred to by the conditions of this consent, the development hereby approved shall be carried out in accordance with the details shown on plan reference 2263/P/02 and 2263/C/03 Rev A received 15.02.2010.

2. All car parking, means of enclosure and treatment of hard surfaces not built upon shall be completed before the dwellings hereby approved are occupied.

3. Notwithstanding the details submitted before first occupation of the units full details for fencing, railings and boundary treatment shall be submitted to and agreed in writing with the Local Planning Authority. The development shall not be carried out except in complete accordance with the agreed details.

4. The apartment on the ground floor shown on the approved plan to be used to provide facilities shall only be used for purposes ancillary to the main use of the building, and no other office facility shall be provided at the site.

Reasons:

1. For the avoidance of doubt, and having regard to Policy EV3A of the replacement Wigan UDP.

2. To help to assimilate the proposed development into its surroundings, having regard to Policy EV3D of the replacement Wigan UDP.

3. To ensure that the details of the development are satisfactory, having regard to Policy EV3A of the replacement Wigan UDP.

4. To safeguard the amenities of the adjoining premises and the area generally, having regard to Policy G1A of the replacement Wigan UDP.

(Councillor J Hilton declared a prejudicial interest in this application as he is related to an objector and left the meeting during discussion thereon.)

(Councillor J Ellis requested that his abstention from voting be recorded.)